AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of Hon. Justice N. N. Neboh of the High Court of Justice, Enugu State sitting at Aguobu Owa, delivered on the 10th day of February, 2011 wherein the learned trial judge struck out the Appellants case on the ground that the action is statute barred having been brought Sixteen months after the cause of action arose instead of within three months stipulated in the Public Officers (Protection) Act.
The Appellants as the Plaintiffs before the High Court of Enugu State (herein-after referred to as The Lower Court) claimed against the Defendants (now Respondents) jointly and severally for:-
(a) A declaration that the 1st Plaintiff remains the only duly elected traditional ruler of Ezema Olo Autonomous Community who should be recognized by the 1st defendant having been so elected on the 11th January 2003, and presented to the Governor of Enugu State for recognition as prescribed by the Traditiona…